2007 Minnesota Statutes

609.2335 FINANCIAL EXPLOITATION OF A VULNERABLE ADULT.
    Subdivision 1. Crime. Whoever does any of the following acts commits the crime of
financial exploitation:
(1) in breach of a fiduciary obligation recognized elsewhere in law, including pertinent
regulations, contractual obligations, documented consent by a competent person, or the
obligations of a responsible party under section 144.6501 intentionally fails to use the financial
resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic
conduct, or supervision for the vulnerable adult; or
(2) in the absence of legal authority:
(i) acquires possession or control of an interest in funds or property of a vulnerable adult
through the use of undue influence, harassment, or duress; or
(ii) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's will
to perform services for the profit or advantage of another.
    Subd. 2. Defenses. Nothing in this section requires a facility or caregiver to provide financial
management or supervise financial management for a vulnerable adult except as otherwise
required by law.
    Subd. 3. Criminal penalties. A person who violates subdivision 1, clause (1) or (2), item (i),
may be sentenced as provided in section 609.52, subdivision 3. A person who violates subdivision
1, clause (2), item (ii), may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
History: 1995 c 229 art 2 s 5